Retaliation

Tell managers: Don’t retaliate against those who complain

07/21/2008

One of the easiest ways to land the company in legal hot water is for a manager to punish someone who complains that she’s being discriminated against. It may turn out—and it often does—that no discrimination took place. Yet even in those cases, some supervisors can’t resist punishing the messenger, thereby turning a minor matter into a major retaliation case …

Avoiding reference-Related retaliation claims

07/21/2008

Q. How should we handle giving references about a former employee who was involved in litigation against the company or filed an administrative charge with a government agency, such as the EEOC or the DOL? Should we include that information in response to the reference? Or should we not provide any information at all? …

Patience, paperwork: The right way to fire serial complainers

07/18/2008

Sometimes, employees who are having performance problems think that filing discrimination complaints will help protect their jobs. Word has gotten around that employees can win retaliation cases even if the discrimination claims they make are flimsy. But employers won’t lose a retaliation case if they can show that the employee really did deserve the discipline that followed the discrimination complaint …

Using FMLA leave to build a porch: Can that be legal?

07/17/2008

Have you ever approved FMLA leave for an employee’s medical ailment but had a sneaking suspicion the time would be spent on more than bed rest? If you discover “creative” uses of FMLA leave, be careful not to pull out the “You’re Fired!” finger too quickly or you may find yourself in the center of an FMLA retaliation lawsuit …

Tell employee as soon as you make decision to terminate

07/14/2008

Do you let employees know they will lose their jobs as soon as the final decision has been made? Or do you wait until near the effective date? If there’s no other reason for delaying the notification (e.g., you fear the employee will retaliate by destroying records or stealing secrets), tell employees right away. Here’s why …

Gaming board compliance wars lead to suspension, lawsuit

07/11/2008

Patrick Devlin, a compliance officer for the Michigan Gaming Control Board and a former assistant attorney general, has a history of what the board has delicately termed “noncompliance.” Since 2003, Devlin has filed at least 19 grievance appeals with the Civil Service Commission …

Contemplating a RIF? Use clear criteria for who loses job

07/09/2008

In these difficult times, your organization may have to undergo a reduction in force (RIF). If you do, it pays to develop objective standards for who can stay and who must go. By outlining your plan and sticking with it, you reduce your chance of losing a lawsuit a former employee might bring. Remember that fired employees will visit an attorney, who will try to find a reason to sue you …

Tell supervisors: No retaliation against employees who settled discrimination claims

07/07/2008

Have you recently settled a discrimination case? If the settlement included the employee keeping his or her job, remind all supervisors that they cannot retaliate in any way—or allow co-workers to get back at the employee …

Supreme Court allows retaliation suits under Civil War-Era law

07/07/2008

On May 27, 2008, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation—an area of employment law that has exploded in recent years. Specifically, the court held that a federal statute enacted shortly after the Civil War, granting all citizens the right to enter into and enforce contracts (commonly referred to as Section 1981), can be used to bring a claim of employment-related retaliation …

Back up even minor disciplinary action with solid records

07/02/2008

We’ve said it before and we’ll say it again: Nothing wins lawsuits like good records. Tell all managers and supervisors that HR won’t approve any disciplinary action without a copy of the documentation used to justify the decision …